By: Cory Yager, Ex-Cobb County Police Officer Turned Marietta GA DUI Attorney and Larry Kohn, Cobb DUI Lawyer Since 1998
Some people, including police officers, call this court the “Marietta Traffic Court.” Misdemeanor DUI cases from arrests within the city limits of Marietta, GA are assigned to the Marietta Municipal Court. Similarly, DUI misdemeanor arrests made by officers in other cities within Cobb County will start in those municipal courts.
All three of our law partners are instructors for the NHTSA field sobriety testing protocols. That enables us to use our deep knowledge and familiarity with the “rules” to catch officers overstating the reliability of field tests.
In addition, when it comes to forensic breath testing devices, all three partners have a thorough and detailed knowledge of the shortcomings and limitations of these mechanical devices. If you took a DUI breath test after you arrest (usually at the police station or jail location) then talk to us about how to fight to exclude that breath alcohol test.
Any felony DUI cases will be transferred to in Cobb County Superior Court. In Georgia, the Superior Courts have exclusive jurisdiction over all felony charges. WARNING: Do not just “bind over” your case to the jury trial court until your DUI defense attorney has an opportunity to explore a possible “negotiated plea” to a lesser criminal offense in the lower court.
Municipal courts are “bench trial-only” courts. This means that your fate is not decided by a jury of 6 (in misdemeanor cases) or 12 (in felony cases). If you “waive” (give up) your right to trial by a jury, you can have the judge decide your guilt or innocence. Inexperienced lawyers often think that this is never a good idea, but that is not true, in some cases.
Driver’s License NOTICE of Possible Ignition Interlock Device (IID) Option
In almost 100% of DUI arrests, our client’s plastic driver license was taken from her or him. An 8.5-inch by 11-inch form called a DDS 1205 replaced the license.
What this paperwork states is that you will suffer a 12-month TOTAL loss of driving privileges as a consequence of this DUI arrest. Quick steps are needed to protect your driving privileges.
If you do not either:
(1) file a traditional DDS GA appeal [all are eligible for this path], or
(2) apply for a DDS Georgia IID-restricted driving permit for the next 12 months [this path is only open to those who are facing their first offense DUI within the past 5 years (using dates of arrest to measure), and are licensed in Georgia and are age 21 or more, then
you will suffer a TOTAL loss of the ability to legally drive in Georgia for a full year.
If you request a trial by jury, your Marietta criminal lawyer will request that your case be moved to Cobb County State Court. . Every client of ours is treated with respect and compassion and is considered innocent of all charges.
In rare cases, due to other legal issues, some of our clients are in jail while their case winds its way through the courts. When this occurs, our goal is to rush this case to a conclusion using a speedy trial demand, when that is the advisable path to take.
Mistakes happen and good people end up on the wrong side of the law. If you now face your first-ever criminal charge, the whole legal world will be foreign to you. Rely on one of our experienced criminal defense attorneys Larry Kohn and Cory Yager to guide you through the process, and explain what’s going on at each hearing. Plus, check out this amazing jury trial victory in Cobb County by Board-Certified Marietta DUI attorney William C. Head.
A Marietta criminal lawyer appears in Marietta Municipal Court every week, representing their anxious clients as they face serious criminal charges including:
- DUI Alcohol
- DUI Drugs
- Disorderly conduct
- Simple assault
- Underage possession of alcohol by a minor
- Other Traffic Offenses like Super Speeder GA, aggressive driving or hit and run GA
- Possession of Marijuana (less than an ounce) can be handled in municipal court
First Offense DUI Lawyer GA: DUI Attorneys Near Me
Four out of every 5 clients we represent are first DUI offense clients. A few “1st in 5” will have a second offense DUI, but the prior DUI was outside the last 5 years.
Second DUI offense information. In terms of driver’s license consequences, this is far more favorable than a 2nd DUI within 5 years. If convicted on a 2nd in 5 years, all vehicle license plates are confiscated, and the driver cannot drive for 120 days for any purpose. After that, she or he may be able to get an interlock-restricted driving permit for the next 12 months. After 18 months, she or he can seek restoration of the full GA license.
However, in terms of the criminal punishment, any 2nd DUI conviction within the past 10 years mandates not fewer than 72 hours in jail, 240 hours of community service, submitting to a clinical evaluation, completing the risk reduction program (DUI school), and paying a license reinstatement fee to the state to restore driving privileges.
Third DUI offense information. Any third offense DUI within the past 10 years, using dates of arrest to measure, can put you in jail for 15 days to 12 full months. The fines and surcharges can reach several thousand dollars, and (if a 3rd DUI conviction in 5 years) you will have your license revoked for 5 years. For such severe and serious cases, read more on the page Mr. Head built for these repeat 3rd DUI offenders.
What Is Arraignment, and Do I Need a DUI Defense Lawyer for That?
You have three choices when you come to your arraignment: plead guilty or no contest, ask the court to appoint a public defender. It is best to come to court with an experienced Marietta criminal attorney from our law firm who is very familiar with what it takes to avoid a lifelong criminal conviction.
The choice is yours. When you try to find the best answer to, “How much is a Marietta DUI lawyer?”, don’t forget to include the lifetime of penalties that come with a GA criminal record. Higher insurance, job loss, the loss of right to vote, limited travel, divorce, bankruptcy…the pain is almost endless. Our defense attorneys understand the life-altering effects a conviction can have on all aspects of your life, including your work, family, and personal life.
Our attorneys will sit down with you for a free case consultation, listen to what happened, and go over our fees and manageable payment plans. If you decide to hire another Marietta, Georgia criminal defense firm, the time you spent with us will have been well worth it because you will get our honest opinion on the conviction penalties you face.
24-Hour Criminal Defense Lawyers: Statewide Coverage
Our three DUI attorneys Marietta GA understand that police officers sometimes make arrests on flimsy or even non-existent evidence. When people are taken to jail and they believe their arrests were unjustified, many decide to “lawyer up” and look for the best DUI lawyers in Cobb County, GA.
After sometimes staying in jail all day and night, they are ready for vindication. They want a legal warrior on their side.
Many of our clients never ask, “how much does a DUI lawyer cost in Georgia?” They simply want every legal defense and strategy utilized in their court battle. If you just want to plead guilty, go somewhere else.
Our phones are answered 24 hours a day, weekends, and all major holidays. A free consultation is yours for the asking. Call today: 404-567-5515 for immediate attention, even on weekends and holidays.
Some of the most active cities our DUI law professionals handle include Atlanta, Alpharetta, Woodstock, Holly Springs, Canton, Acworth, Kennesaw, Smyrna, Mableton, Powder Springs, and other Cobb County municipal court locations. Our attorneys for DUI defense also regularly appear in Paulding County, Cherokee County, Forsyth County, and Douglas County, GA.
However, the heaviest DUI arrests occur in Cobb County, GA, Fulton County, GA, as well as DeKalb County and Gwinnett County, Georgia. Our legal team is one of the few top-rated DUI law firms that will travel ANYWHERE in the State of Georgia to defend our clients. Our DUI defense lawyer team has office locations in Atlanta, Georgia, Alpharetta, GA, Sandy Springs, GA, and in Marietta, GA.
The Marietta Municipal Court is located at 240 Lemon St NE, Marietta, GA 30060. This building also houses the Police Department. The building is within easy walking distance of historic Marietta Square. Some free parking spaces are located near the Marietta Municipal Court building but come early to get one of the open spaces.
The information you obtain at this web site, related videos, image resources, Facebook, Twitter or other social media content, or blog postings is not, nor is it intended to be or provide, legal advice from a Georgia lawyer. This page is designed to help you find legal information, learn the basics about any criminal offense or court case in the state of Georgia, and then search for attorneys near me for your representation in GA.
You are well-advised to consult an attorney for legal advice regarding your individual situation and to obtain targeting help from an experienced lawyer in the community. Our Georgia lawyers invite you to peruse our site for answers to FAQs, charts, graphics, and explanation of legal terms about Georgia laws. Then, call today about our legal services.
Our Marietta GA and Atlanta DUI lawyers can interview you in person, or remotely via cell phone video conference or computer laptop or desktop interview. Our law group welcomes your email communication, chat responses, phone calls, letters, and electronic mail so that we can try to be of service in the areas of criminal defense when you contact us.
Please do not send any confidential information to our GA attorneys through this website portal until such time as an attorney-client relationship has been established and all terms and conditions or our retainer contract are agreed upon. If needed, clients may request a payment plan with our criminal justice attorney for payment of your legal fees.
Copyright 2022, by William C. Head. All rights reserved.